spent for religious or charitable purposes. The difficulty, however, arises when charitable objects and non-charitable objects, for which the property or the income thereof ... charitable objects or it is vague and uncertain and cannot be held to be a charitable object.
32. In J.K. Charitable Trust
Ramkrishna Dalmia. The trust was called "Jaipur
Charitable Trust". In Jaipur Charitable Trust Rs. 10,000 was
given on trust on the terms ... granted where
some objects are charitable and some non-charitable. Where
there are several objects of a trust, some of which are
charitable and some
charitable and non-charitable purposes and the trustees had full powers to apply the funds to non-charitable objects alone, the entire trust failed ... According to him there is no mixture of charitable and non-charitable objects in the trust deed and as such the trust deed cannot
Trust, while clause 5 provides for the objects of the Trust and reads as under:- "5.The objects of the Trust shall include ... trust in carrying out any of the objects of the trust including the object which is not of a religious or charitable nature. the income
Trust, while Clause 5 provides for the objects of the Trust and reads as under:-
"5. The objects of the Trust shall include ... trust in carrying out any of the objects of the trust including the object which is not of a religious or charitable nature, the income
create a public charitable trust as seen from the preamble
and cl3(k) of the original trust deed and the charitable objects referred ... that as the original objects had since
been achieved, new objects substituted for them. The new objects are
purely charitable.
•(v) Pg 61 para
applied is whether the
object which is said to be non-charitable is the main or
primary object of the trust or institution ... main or
primary objects are distributive, each and everyone of the
objects must be charitable in order that the trust or
institution might be upheld
objects and activities of the trust fell objects and
activities of the trust fell within the first limb of the
definition of charitable purpose ... being a mixture of
charitable and non-charitable objects, could not be treated
to be creating a public charitable trust.
In the meanwhile the Settlor
application
of income towards the objects of the trust and exempts
income of trusts with objects wholly charitable or
religious or parts of income which ... objects of the respondent-trust as
contained in the trust deed. It is only the objects of a
trust as declared in the trust deed
purpose of the trust is such as would make the trust a public charitable trust.
6. Now, the indenture of trust, which was executed ... expression "trust for any public purposes of a charitable or religious nature "connotes a trust for charitable objects involving an element of public
